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Until 01.01.2019 - Scientific Yearbook of the Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences

ISSN 2686-7206 (Print)

ISSN 2686-925X (Оnlinе)


Makarov Andrey

Department of History and Philosophy of Science, Samara State University, Samara, E-mail:  makar.ab@mail.ru

Publications in yearbook
Metamorphosis of Philosophical Ideas in Science

The article focuses on the forms and conditions, which characterize incorporation of the philosophical ideas into science. The author describes the role of metaphor in transporting of concepts from one sphere of knowledge into another, and examines the ways of the inversion of concepts and ideas. The mostly important conditions of “borrowing” of “alien” concepts’ are revealed. First it is argued, , that they can be introduced only on their own intra-scientific ground. Second, they are redesigned in such a way that new ideal objects may enter the system of constructs, while the concepts may comply with an established conceptual system of science in a consistent way. Third, they have to operate – namely, they have to explain and predict facts of a certain experimental area. The article also examines the criteria according to which the adoption of new ideas into science could be estimated as relatively completed. This process is analyzed on the example of the transformation of ancient Greek atomism from the natural-philosophical concept into scientific one. The main stages of these changes, as well as the historical ties between philosophical and scientific atomism, are considered.

Keywords: inversion of ideas, metaphor, natural-philosophical atomism, scientific atomism, philosophical foundations of science, internal foundations of science, discontinuity and continuity.


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Complementary Principle of N. Bohr and Problem of its Status

The article is devoted to the problem of scientific and philosophical status of complementarity principlef. The author analyzes its explication by N. Bohr and its comprehension by scientists and epistemologists. It is shown that generally, the complementarity principle is a set of ideas, which allows comprehending of specific situation in quantum mechanics. Some of ideas – the role of language of classical physics, the role of macro-instrument, the integrity of scientific experiment, the integrity of micro-object – could be seen as general scientific and epistemological principles. The prohibition of ontologisation of quantum phenomenon, which necessarily leads to contradictions is considered as the semantic core of Bohr’s approach. However, the attempts of its generalization in science and philosophy were not successful. The complementarity postulate is viewed as methodological principle of foundations of quantum mechanics in its Copenhagen interpretation. 

Keywords: complementarity principle, phenomenon, ontologisation, contradiction, generalization, Copenhagen interpretation.

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Malyshev Mikhail

Malyshev Mikhail

Autonomous University of Mexico state, member of editorial boards of the scientific journals: “Ciencia ergo sum”, La Colmena”, “Coatepec”, Toluca, Mexico, E-mail: mijailmalychev@yahoo.com.mx

Publications in yearbook
Emil Michel Cioran: Dethronement of Illusions of Human Existance

The article is dedicated to the investigation of illusions in the work of Emil Cioran – French thinker of Rumanian origin. Cioran calls himself a skeptical, but his skepticism could not be reduced neither to negation nor to simple doubt; it includes the aspiration to lucidity and, therefore, to the multiplicity in the comprehension of human life. As a skeptical thinker, Cioran reveals several fundamental illusions, inherent to the human existence: the obsession by glory, the utopian persecution of the radiant future, and dethrones some prejudices related to the problems of death and suicide. According to Cioran’s existential skepticism, ontologically, non-being has the same rights as being, because anything that exists eventually is doomed to oblivion. Hence, he is warning about hasty and categorical judgments, as well as about attempts to construct universal philosophical systems. Cioran’s philosophy presupposes the desire to consider antipode of all phenomenon and to keep the principle of priority of existential doubts over unquestioning faith. According to the thinker, a man is thrown into being and doomed to sufferings against his will, but his sufferings are compensated by the privilege of being, i.e. to be the chosen one, capable of knowing joys and sorrows of life.
Keywords: skepticism, illusion, paradox, existence, recognition, glory, utopia, post-history, death, suicide.

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Abstract: The author analyses the virtual discourse in the pluperfect. “We could have” is the recognition of irreversibility of time and simultaneously is the intent to see the past and its lost possibilities from the height of the present. The present never becomes what it was in the past, but the pluperfect never retracts from its claims to give lessons to the present about what could have happened, if the event would have been succeed in a different way. The author points out that if there were no difference between what we do and what we could do a lot of our emotions would disappear, such as shame, fault, remorse and grief. In the study of history it is also important to pay attention not only to what has been succeeded, but also to what could have been succeeded in the given period. This vision gives historian the possibility to analyze the past as the interaction of different social groups and struggle between them, which according to plans and projects in their
past (which was the present for them), try to embody in the future what they considered to be more convenient, optimal and just.
Keywords: Pluperfect, virtual discourse, destiny, possibility, fault, history.

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Abstract. This work is a collection of brief essays and aphorisms, which despite the apparent diversity are parts of a common explanatory principle based on the anthropological dualism between truth and value. Being a mental monad, every phrase, however, internally echoes other mini-texts, and therefore, the author does not leave attempt to link them internally. In this work, he combined the “logical quirks” of paradox and irony with some ideas drawn from his future book on philosophical anthropology, on which he is currently working.
Keywords: existence; death; man; animal; evolution; history; mind; emotions; truth; value; antagonism.

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Between Something and "Almost Nothing"

The article describes the essence of aphoristics in terms of protest against the domi- nant influence of popular stereotypes embedded in everyday consciousness. An aphorism is defined as a play of thought and irony. The author shows that unlike the logical discourse, the aim of aphorism is not to express the truth in its possible entirety, but to highlight one of its facets or give it a new shade of meaning. The article provides examples of the author’s aphorisms, which are all based on the idea of irony. 

Keywords: Aphoristics, aphorism, aphorist, maxim, irony. 

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The Witness as an Accuser of the Barbarity

The concentration camp represents the extreme form of totalitarian state’s total domination over a man. The aim of the article is to show dehumanization of a human being based on the Holocaust victims’ testimonies complemented by the stories of Gulag prisoners. The author primarily takes into consideration the memoirs of those witnesses that try to avoid unnecessary illusions, which conceal the truth and lead to the idealization of a human being. Relying on the testimony of Zalmen Gradovsky, the author tries to overcome shallow judgments about the members of Zondercommands that told us the harsh truth about the courageous behavior of the innocent victims sentenced to death in the gas chambers. 

Keywords: witness, genocide, dehumanization of a human being, Oswiecim, “The Grey Zone”, Zondercommand.

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Concept of Totalitarism in the Works of Hannah Arendt

The analysis of works of Hannah Arendt shows that hitlerian and stalian regimes, in spite of their differences, had common metaphysical bases: they considered the laws of Nature and History as highest sacral divinities that authorized the realization of political aims of totalitarian movements. The author investigates the process of assimilation and transformation by the totalitarian ideologies the previous elements of history, the terror as the method of transformation of the social structures into the homogeneous movement of the masses, directed by their leaders, and the banality of the evil in the implementation of the policy of genocide.

Keywords: totalitarism, sacralization of Nature and History, terror, the masses, social atomism, ideology, banality of evil.

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Anatomy of Hope Experience

The paper is devoted to the phenomenological analysis of hope experience. The author attempts to define the status of hope as anticipation of future, to link the category under analysis with kin notions (anguish, anxiety, despair), to discover similarity and difference between hope and trust, to appreciate the role of hope in motivation of conduct of history agents and, at the end of ends, to discover specific nature of existence deprived of hope. With respect to the last discovery, the author grounds his analysis upon evidences, testimonies and confessions of prisoners of the death camps of Kolyma and Osventsim.

Keywords: time, hope, trust, hopelessness, anxiety, meaning, experience.

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Manvelova Aleksandra

Saint-Petersburg Scientific Center of Ecological Safety, Russian Academy of Sciences, Saint-Petersburg, E-mail: abmanvelova@mail.ru


Publications in yearbook
Problems of Implementation of OECD Decisions and Recommendations into Environmental Protection Legislation of Russia

Among priorities of international policy of the Russian Federation is the entry into Organization for Economic Co-operation and Development (OECD). The condition of the entry is the implementation of OECD decisions and recommendations into Russian legislation. Decisions and recommendations of OECD concerning environmental protection and ensuring ecological safety deserve special attention. OECD requirements concerning the need to change several Russian normative legal acts are contained in the «Road map» for the entry of the Russian Federation into OECD Convention, which was accepted on November, 30, 2007 by 1163 session of OECD Council. The main directions of modernization of ecological legislation are the following: waste management, polluter pays principle, environmental monitoring, ecological information, ecological safety of industrial activity. OECD requirements’ concerning modification of Russian normative legal acts actually stimulates the reforming of ecological legislation in our country.

Keywords:organization for Economic Co-operation and Development (OECD), environmental legislation, ecological safety, waste management, polluter pays principle, environmental monitoring, ecological information.


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Marey Alexander

 Center for Research of Russian Thought, Baltic Federal University named after Immanuel Kant, Kaliningrad, Russia, E-mail: fijodalgo@gmail.com

Publications in yearbook
The article observes concepts of “Law”, “Custom”, “Usage”, and “Fuero” in the “Siete Partidas” of Alphonse X the Wise, a king of the Castile-Leon Kingdom from 1252 to 1284. In the first part, the author gives an overview of the legislative situation in the Castile-Leon Kingdom just before the reign of Alphonse X. He stresses that the king would justify the tremendous territorial gains made by his father, Fernando III, and Alphonse himself. Thus, the composition of one of the largest law codes in Europe was a part of his costly and full project. The second part of the article contains some explanations about the concept of “custom” in the Alphonsine legislation. The author analyses procedures of apparition of the custom, its being, and cancellation. The author gives particular place in his theory to the Roman Law, or, more precisely, to the Ius commune. Finally, the third part of the article contains translation into Russian of two first chapters of Partidas.
Keywords: Alphonse X the Wise; Castile; Partidas; law; custom; usage


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Marey Maria

National Research University Higher School of Economics, Moscow, Russia E-mail: mdyurlova@hse.ru

Publications in yearbook
On the Power of State and Freedom of Citizens: Neo-Slavophiles’ Political Projects
The article analyzes the concepts of the state structure developed by the representatives of neo-Slavophilism. The author stresses that in neo-Slavophiles' projects, it is possible to find proposals for the reorganization of the public administration both at the lowest and highest levels. She discusses the subjects' civil and political freedoms in late Slavophilic projects and the correlation of these freedoms with autocratic power and the State's goals. Moreover, the author underlines a significant gap in Slavophilism studies especially in how the logic of communication was built when discussing social problems. Such a gap can be explained by the lack of studies of neo-Slavophiles’ socio-political views. This article attempts to construct a theoretical systematization of the late Slavophilism's views; at the same time, it is part of extensive work that needs to be done in this field. 
Keywords: neo-Slavophilism; late Slavophilism; state; society; liberty; political life; republicanism
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Martyanov Victor

Martyanov Victor

Institute of Philosophy and Law, Ural Branch of Russian Academy of Sciences, Ekaterinburg. E-mail: martianovy@rambler.ru

Publications in yearbook

Abstract. This paper considers the problem of the limited resources of extensive modernization and urbanization. The center-periphery polarization between Russian cities is described. The outlines of urban development are explored. City development in Russia is treated through neo-Marxist critical theory. This approach allows 1) to reveal paradoxical contradictions in the current system of fiscal federalism; 2) to raise the question of the reassessment of the cities' status in the state management system; 3) to detect a systemic problem in attempts to implement creative development strategies into peripheral capitalism; 4) to substantiate the importance of the struggle for the right toward the city in order to escape the demodernization's trap. The socio-political and economic specifics of Russian urban development are inscribed into the global context. The fact of interest of power subjects in neoliberal rhetoric is fixed. Limited attempts to pass to a post-industrial urban economy are described. On the base of the issue of fiscal federalism's consequences, the authors justify that maintaining the asymmetric exchange of resources between the federal budget and budgets of the cities contradicts the task of Russian cities' modernization. A structural solution that allow to stimulate the development of the biggest Russian cities under the existing conditions is proposed. It is necessary to withdraw them from the territorial logic of subordination to the regional authorities. This step can stimulate a short-term increase of social and economic inequality; but in the long-term perspective it will create own urban development resources which are related to their human and social capital. A reorientation to new subjects of modernization is proposed as a strategic decision. Decentralization of power, increasing the administrative status of the biggest cities, involving citizens in resolving issues of common good become the main alternatives to the existing demodernization logic of the state.
Keywords: creative city; the right to the city; human capital; decentralization; delegation of authority; local government.

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Genesis and the Value-Institutional Evolution of Modernity
The article discusses key factors and directions of the value-institutional evolution of Modernity. It is argued that the progress of humankind towards global peace paradoxically turned into if not a denial, but a consistent radicalization of value-based political foundations of Modernity. The idea of value unity and institutional diversity of global Modernity is argued against the concept of multiple modernity as a rhetorically shadowed civilizational approach. It is argued that the constant self-adjustment of the core value system of Modernity is carried out in the context of non-simultaneity, which gives ground for discussions about the insurmountability of pre-modern cultural barriers and traditions of different civilizations. The conclusion is made that the success of Modernity is caused by the possibility of completing existing world economy to the level of world politics. In fact, the world economic integration has largely surpassed the compensatory possibilities of global political regulation, therefore contributing the intensification of various conflicts and inequalities. Intensive interaction and interdependence of humanity at the global level presupposes formation of ethical mechanisms of world politics based on the concern for the interests of humanity as a whole. Such possibility goes beyond political institutions and decision-making means associated with leading nation-states. It seems that in the discussion about the ethical regulation of the global (second or late) Modernity, the position of subjects that are able to offer humanity “game on increase”, which presupposes transparent, egalitarian, universal solutions to universal problems, is a priori stronger.
Keywords: Modernity; radicalization of Modernity; world economy; world politics; capitalism; liberal consensus; progress; postmodernity; nationalism; cosmopolitanism; collective action
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Abstract of the article: Transformation of the capitalist world-system leads to the correction of mechanisms maintaining political order of modern societies. The exhaustion of the market model of development, which was aimed at continuous growth, defines the contours of the future society without economic growth. Technological automation and robotics fills this society with superfluous people simultaneously turning it into society without labor, but with the growing precarious classes (precariat, unemployed, and various minorities). Scarcity of resources on free markets leads to the rise of protectionism and nationalism as well as to the replacement of the mechanisms of market competition with political and forceful redistribution of markets and resource flows. At the same time, there is a crisis of the welfare state where the reduction of its resource replenishment accompanies the growth of groups dependent on rents. The result is a rental political order, in which hierarchical models of distributive exchanges supplant the market communications, while social stratification increasingly depends not on the market class creation, but on the access of citizens and social groups to the distribution of rental resources. Behavior based on the search of guaranteed status rapidly becomes more profitable strategy than risky business activities or the desire to take a favorable position in the labor market. The drift to the rental democracy model is determined by the fact that the state is more than before is engaged in direct redistribution of resources bypassing the market. The peculiarity of this model is that the competition for the access to resources is played out not between economic classes, but between statist groups. Thus, the distribution of resources increasingly shifts from the market to the state. The competition is carried out not according to the criteria of the market value, but according to its utility for the state. Within the model of rental democracy, success is connected with the rise of a social group in the hierarchy as a condition for expanding the access to resources. However, while solving the accrued structural  сontradictions and forming new powerful social groups, the rental transformation gives rise to the new conflicts between new estate-rental nucleus of society and market groups pushed to its periphery.
Keywords: modernity, market, rent-seeking, rental society, democracy, social structure, stratification, estates, centre-periphery, global future.

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Abstract: In societies of Late Modernity, the role of interpersonal and institutional trust is growing. Growth is fundamental for the success of the popular concepts of organic modernization, post-material values, open access society, social capital, reduce transaction costs – increasingly important factors for the further development of humankind. These trends are possible within the fundamental conditions of the dominating market exchange and strong civil society. However, in the Russian context, the peripheral market formed by the reforms of the 1990s paradoxically did not create but rather destroyed the values and institutional background of Modern trust model for the majority of the population. Trends of statization of the society are associated with the compression of the middle class and modern social groups, deriving autonomy and resources primarily in the market and civil structures. Rental-estate shift in the social stratification is catalyzed by the fact that in a crisis model of survival the autonomy of market exchange is shrinking amid strengthening of hierarchical state allocation mechanisms diminishing resource flows. Rental-caste elites build socio-political configuration, in which citizens who do not really trust each other will compensate mutual alienation by allocating trust in the state and its agents, and thus forming a specific anti-modern consensus. At the same time, people with high social capital do not show high confidence in the Russian institutions, having a higher level of interpersonal trust. Significant divergence of trust types in different social groups points to a fundamental gap. It is a conflict between the most modernized part of the community and its vision of the organization of social and political order, and elites deliberately seeking to support rent-estate social order and associated pre- and antimodern social groups. This contradiction is considered as the main catalyst for the future social transformation of the Russian society, being evident in the economic, cultural, generational and even in the geographical dimension.
Keywords: anti-modern consensus, state, trust, conflict, modernization, post-materialist values, market, social capital, stratification.

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Arctic Reconsidered: Dynamics of Russia's Priorities

The article reviews the transformation of Russia’s strategy towards Arctic in the context of global rethinking of the potential of Arctic macro-region. General legal and political principles of the exploration of Arctic are analyzed, with particular interest towards its geopolitical position. Based on the content analysis of Russian press, leading forces and agents are defined, as well as aims and problems of the exploration of Russian Arctic. The dynamics of Russia’s politics towards Arctic are studied. It is argued that the aim of Russia’s politics is symbolical location of Arctic «nearer» to Russia. At the same time, it is shown that contemporary exploration of Arctic remains mostly rhetorical. Moreover, the former Soviet heroic symbols of Arctic exploration dominate over the discourse (polar explorer, North Pole, Arctic Passage, drifting wintering, etc). Based on the content of Rossiiskaya gazeta (1991–2012), it is shown that the core discourse remains the same, and fluctuations of its elements have just relative significance, depending on current Russian and global political agenda. Additional analysis of official projects of Arctic exploration demonstrates their controversial character and lack of strategic envision of development of the region. It is argued that the revaluation of Russia’s priorities towards Arctic, which are relevant to the international legal regime of the region and the potential of various forms of cooperative participation of its development, is essential.

Keywords: Arctic, symbolic policy, imagined geography, polar regions, expansion, content analysis, Rossiiskaya gazeta.


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Modernization of Moral, Political and Legal Regulators as a Way of Combating Corruption

Abstract: There have been a significant number of myths that justify corruption emerged in Russia. They complicate anti-corruption efforts connected to universal decisions in legal sphere, cultural policy, standards in state governing and public control. In any society, corruption cannot be absolutely avoided unless governing is performed by artificial sense that is anxious of public good, while human governing is spoiled by particular interests, preferences and human nature imperfections. Nevertheless, corruption can be minimized by twofold policy that combines restrictions of bureaucrats’ behavior by standards and public control with widening the borders of trust in public life.

The first includes state and municipal officers, as well as medical personnel, teachers, police officers and other state and municipal employees by reducing the spheres of uncertainty in their relations. This includes: a) adoption of technological standards and protocols in state and municipal service; b) liberalization of public life, reducing the scope of state regulation that will lead to reduction of the interface of contacts between citizens and bureaucracy that may include personal interest; c) creating effective mechanisms of feedbacks by active participation of citizens in state governance controlling; d) personified monetary social support.

The second imposes creating the conditions when corruptive behavior appears to be economically unprofitable and morally inacceptable. This means a) rising the office holders income that will enhance competition for the offices; b) intolerance of elites to any fact of corruption, including belongings confiscations and professional disqualifications; c) transparency of state decision-making; d) widening the public trust as eliminating the archaic models of social communications in favor of modern value and institutional mechanisms of social integration.


Keywords: corruption, resistance, effective values, state service standards, liberalization, trust, public control, authority transparency.

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In Search of the Paradigm of Late Modernity

The article discusses the problem of historical evolution of Modernity paradigm from its national form embedded in European context towards its global, cosmopolitan version. The article argues that the Modernity paradigm is still developing, which makes impossible to define Modernity as a finished, closed époque. On the contrary, Modernity in its political dimension is understood as continuing and open project. It is argued that, in spite of massive post-modernist critics, the Modernity remains the basic political paradigm than legitimizes and describes contemporary political universe. Various cultural, post-modernist, ecological and other discourses seen as alternatives to Modernity do not obtain the comparable degree of universality and legitimacy.

Keywords: modernity, legitimacy, paradigm, cosmopolitism, globalization, post-modernity, Europe.

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World-Empire in the Future Perspective: Possible Principles of Post-Bipolar-World Integration

The author supposes that the joint future for the former Soviet republics and other naturally inclining macro-regions is possible only as an empire project. That is why the main present-day task is constructing the capitalist world-economy into the worldempire.

Keywords: integration, Russia, CIS, empire, world-empire, world-economy, sovereignty, cosmopolitism, transformation of classic modernity.

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The State and Heterarchy: Actors and Factors of Social Change

The article focuses on analysis of the ways of optimization of the state monopoly on intellectual norms, institutions, legal violence. The author studies the cases when such monopoly starts to be ineffective, or co-exists with alternative regulatory systems, or produces unexpected results. Attention is given to the analysis of the state efforts to overcome heterarchies and excluded components of sociality by restricting them, by incorporating uncontrolled institutional, intellectual, geographical spaces, partial societies into a universal monopoly of a “great society”.

Keywords: monopoly, state, heterarchy, centre, periphery, legitimating of the political regime, actors and factors of social transformation.

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Russian Megapolises: from industrial Centers towards Strategy of Multifunctional Agglomeration

The article analyses specific features and results of Soviet and Russian industri- alization in a comparison with dominating world trends. In addition, the possible ways of post-soviet transformation of Russian megacities are examined. The particular emphasis is put on the analyses of today’s situation. The article provides arguments in favor of the strategy of cohesion of large cities with satellite towns. The authors stress that the improvement of the weaknesses of the Russian cities conditioned by Soviet path of development is connected with the transformation of industrial centers into multifunctional agglomeration. The periphery of such agglomeration is able to become a place of enhanced development that will help to balance quality of life in city cores and suburbs, as well as it will promote infrastructural de-concentration and shifting resources to the most disadvantaged urban spaces. As a result, the network of Russian megacities will transform into geographically extended centre attracting resources from the world system and stimulating the growth and modernization of Russia.

Keywords: megapolis, mono-town, urbanization, agglomeration, diversification, urban network, urban development strategy.

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Discussion on Truth: Macrotheoretical Dualism of Hermeneutics and Scientism

The article proposes a hypothesis that despite of the ideological opposition of the scientist and hermeneutic methodology of social science and human studies, these two theoretical approaches, in spite of their ideological irreconcilability are methodologically interconnected. These paradigms interact in cognition according to the principle of complementarity and thus compensate mutual constructive disadvantages on the macro- theoretical level. The dualism on macro-theoretical level explains both the methodological rigidity of the structure of dominating positivist language of sciences and the anti- scientist methodology of hermeneutics, which attempts to fill the gaps in cognition created by scientism. Thus, any social fact is dual and can be approached from both positions. Together hermeneutics and scientism generate meta-paradigmatic unity and form the basic methodological opposition inside the social knowledge. 

Keywords: truth, cognition, paradigm, hermeneutics, scientism, dualism, methodology, complementarity.

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Matveychev Oleg

Financial University under the Government of the Russian Federation. Russia, Moscow, E-mail: matveyol@yandex.ru



Publications in yearbook
The Origins of Apollo Cult and the Poet Olen
The purpose of this article is to draw scholars’ attention to the figure of the poet Olen from Lycia who was ignored by most researchers of ancient culture due to the scarcity of information, and to place him into a wide context of discussions about the origin of the Apollo cult. The article demonstrates the diversity of views on the genesis and evolution of the Apollonian cult, examines the Asia Minor’s, Thracian’s, Doric’s and “Nordic’s” hypotheses; notes the “foreignness” of Apollo in relation to the Olympic pantheon, as well as the connection of his image with the legendary country of Hyperborea. The swiftness with which the cult of Apollo spread throughout the Greek world suggests that this did not happen spontaneously, but due to someone’s conscious and systematic efforts. One of the messengers of the powerful northern God could be Olen who, according to legend, founded the Temple of Apollo at Delphi and was the first to pronounce his prophecies in hexameters, thus acting as the first poet who invented the very form of poetry. Being both a poet and a soothsayer, Olen was an example of an ancient mantis, a “vedun” involved in divine truths giving things their names. Apollo himself has pronounced features of a “vedun”, being a god-musician, healer, mastermind of poets, a foreseer of the future. Contrary to popular belief that the mantis prophesied exclusively in a state close to madness, the author indicates that divination was a special intense thought process. The rehabilitation of divination as an intellectual phenomenon increases its significance in the history of Greek thought. Mantic poetry may well be considered as one of the sources of philosophy, the genesis of which seems to be a more multifaceted phenomenon than the movement “from myth to logos” described by V. Nestle’s formula. Given the multifaceted cult of Apollo in which you can find the northern, Cretan-Mycenaean, Asia Minor, and Doric roots, we can assume that Olen professed the cult of only one “hypostasis” of the radiant god – the Hyperborean (most likely, the original), with which all other components of the cult are joined over time.
Keywords: history of philosophy; Ancient Greek religion; mythology; poetry; shamanism; Ancient Greece; Hyperborea; Delphi; Delos; Apollo; Olen
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The Price of Progress. To the Question of the Benefits of Writing
The article analyzes an episode of the Plato’s dialogue Phaedrus about the harm of writing to human cognitive abilities. Relying on a number of ancient sources, the author shows that the Greeks of the classical and earlier periods gave priority to the oral word over the written one, primarily in the field of legal proceedings, where written evidence was not considered self-sufficient, could easily be challenged in court by the opposing party and performed only an auxiliary function. The article also exposes the myth about the exclusive role of writing in the formation and development of ancient civilizations in general and Ancient Greece in particular. It is emphasized that even after the acquisition of writing, many cultures were wary of it, seeing the danger of degradation. It was believed that a person who entrusted information to paper, parchment, or clay tablets ceased to develop memory and to use the brain as a means of storing information. In addition, important and secret information placed on a particular material carrier is in danger of being stolen, read by enemies or ill-wishers, destroyed in a fire, natural disasters, etc. The author of the article notes that the “oral culture”, which was the property not only of the Greeks but also all Indo-European peoples, has not disappeared, remaining in the field of the most important information – when making secret political decisions, in the military sphere, etc. The hypothesis is put forward that the catastrophe of the Dark Ages, which plunged Greece and other Mediterranean countries into the darkness of ignorance and barbarism for three centuries, could have been a consequence of the introduction of writing.Having lost the ability to memorize long texts and entrusting the most important information to “external carriers”, people of the Bronze Age could easily lose it for a number of reasons. The price of progress turned out to be extremely high for the peoples of the Mycenaean era. Recalling the consequences of that collapse, the author of the article calls for more careful consideration of the arguments deployed by modern opponents of digitalization. 
Keywords: history of philosophy, oral civilizations, Ancient Greece, Plato, Phaedrus, writing, memory, digitalization
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Origin of Antropomorphism of Greek Religion

This article is devoted to the analysis of ancient Greek religion, but rather the theory of the origin of anthropomorphism. In the article the author examines the works of Xenophanes, Heraclitus, F. Shahermayra, F. Betancourt, R. Carpenter, H. Weiss, B. Fagan, etc. The author focuses on the fact that the infamous home anthropomorphism of Greek religion is quite common, and later emerged in this religion around the time of the IX-VI centuries. BC At that point, and the sayings of the great philosophers. Most scientists attribute this to the onset of the Dark Ages, Toe is with the onset of the revolution in the religion of ancient Greece. Former fragmented and confusing, Greek mythology has been systematized and formed the basis of the ideological matrix. Because of this common cultural space created Hellenic world. But the author fails to realize that such gods as Zeus and Poseidon, these were the gods in the spirit of Heraclitus and Parmenides, and just as its internal constitution of the Spartans did not give the Greeks, so does their true religious beliefs they left esoteric for The external world by offering popular and understandable to any person anthropomorphic fake.

 Keywords:philosophy, anthropomorphism theory, the gods, the Greeks, religion, poem, power, Dark ages, a revolution.


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Abstract. The article explores the ways of developing the Hyperborean problem, which was brought up anew after one-hundred-year break by the thinkers of the late XIX–XX century in connection with the appearance of so-called Arctic hypothesis of the origins of civilization. The Hyperborean problem is examined in a broad historical and political context in connection with the most diverse trends of humanitarian thought, which are new for the Russian science. A connection is shown between the mass surge of interest in the
Hyperborean problematics and the state of public consciousness in the epoch in question. Critical analysis of the concepts of J. Bailly, W. Warren, B.G. Tilak, E.P. Blavatsky, G. von List, J. Liebenfels, R. von Sebottendorf, G. Wirth, O. Rahn, R. Guénon, M. Serrano is given. Not only the postulating of the existence in the antiquity of the northern paleocontinent, where the “original Eden” of mankind was located is common to them, but also the selective use of scientific data, the use of intuitive analysis instead of scientific methodology, ignoring the lack of connection of the “hyperborean civilization” with any known archaeological culture. Despite the significant results achieved by the authors in the field of the history of culture, linguistics, and ethnography, the widespread usage of their works to solve the practical and political problems has led to the marginalization of the Hyperborean theme in the scientific world. Meanwhile, the academic science of the XIX–XX centuries thoroughly studied a number of individual issues related to the Hyperborean problem. Among them was the question of the geographic belonging of the northern peoples in the Arimaspea and the ways of the Hyperborean gift-givers, the origin of the cult of Apollo associated with the North of the Oecumene. A number of Herodotus's reports concerning Hyperborea was confirmed by new data of archeology. Significant results were obtained by classical philologists and historians of philosophy in the study of ancient evidence of Hyperborea, as well as the legacy of Aristeus and Abaris, thinkers who linked the Greek tradition to the distant North. Discoveries in the field of anthropology and ethnography allowed expanding the context of the interpretation of their teachings.
Keywords: history of philosophy; mythology; religion; Ancient Greece; Hyperborea; Thule; Holarctic; Urheimat; Indo-Europeans; Aryan race; scientific racism; Arctic home; traditionalist school; esotericism; ideology.

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Abstract: The article is devoted to the explosion of the myth of spontaneous origination of early Greek science and philosophy on the territory of Ancient Greece. The article traces the origins of the common misconceptions, and criticizes the tendency of studying philosophy of Ancient Greek as an isolated phenomenon. The author refers to a long tradition and extensive study of cultural relations between the Front East and Ancient Greece, and offers easy and clear methodology for determining the level of Oriental influence over Greek philosophical thought; the methodology is expressed in viewing the teachings of Ancient philosophers in chrono-topic interconnection. According to the author, chronological-geographical principle of studying Ancient philosophy has heuristic value concerning the content of philosophical doctrines, as well as the reconstruction of reception of Eastern knowledge by Ancient Greeks; in addition, it allows including into research the number of thinkers, which do not fit into any school. Based on statistical data, the article concludes about quantitative predominance of thinkers of Asia Minor’s origins on the list of philosophers of the archaic and pre-classic age.

Keywords: philosophy, mythology, poetry, science, Ancient Greece, Asia Minor, cultural genesis, spiritual genealogy, chronotope, “Greek miracle”.

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Abstract: The article is a historiographical overview of the main concepts of the genesis of ancient Greek philosophy appeared in the XVIII–XX centuries. The author argues that Greek philosophy was not perceived as an independent, peculiar phenomenon until the XVIII century; therefore, the question of the origins and genesis could not be formulated. “Turning to the Greeks” in the history of philosophy comes from D. Tiedemann, the author of “Zeitgeist”concept. Hegel’s philosophical system and the manifestation of the principle of historicism in its most complete form had a huge impact on the subsequent development of philosophical thought. Hegel devotes Greek philosophy special place among other stages of the development of the Absolute Spirit; he argues that ancient Greek philosophy was the beginning of philosophy in its proper sense. E. Zeller radicalized Hegelian idea and entered into controversy with Orientalism, which dominated in the beginning and in the middle of the XIX century. Zeller denied any external influence on early Greek philosophy. Simultaneously, Zeller questioned Hegelian apriorism. In fact, the subsequent history of philosophy was developed in polemics either with Hegel or with Zeller. There are several conflicting approaches to the problem of the origin of ancient Greek philosophy in the historical and philosophical doctrines of the XIX–XX century. Methodologically, Hegel’s and his followers’ apriorism opposed Zeller’s empiricism. J. Burckhardt, W. Windelband, T. Gompertz, H. Diels were close to this empiricism. The discussion between the adherents of mytho-genic concept (F.M. Cornford, A. Weber, G. Thomson) and epistemo-genic concept (W. Windelband, T. Gompertz, J. Burnet, H. Diels) was about continuity between philosophy and previous forms of consciousness. In addition, there were thinkers who attempted to overcome extremes of two positions (W.К.С. Guthrie, J.-P. Vernant). The dispute between supporters of autochthonous hypothesis (F. Hölderlin, Hegel, E. Zeller, J. Burnet) and Oriental hypothesis (F. Schleiermacher, A. Gladish, A. Röth, P. Tannery, U. Hölscher, G.S. Kirk, J.Е. Raven, W.К.С. Guthrie, M.L. West, W. Burkert) was about internal and external sources of early Greek philosophy. In one form or another, the same discussions continue in our time. In order to enter into a genuine, deep essence of contemporary debates, which is not always recognized by the disputants, it is necessary to know well their origins and the context of occurrenceKeywords: natural-language-ofdialectical-philosophy; formal-axiological-semantics; evaluation-functional-meaning; evaluation-variable; evaluation-function; compositionality.
Keywords: philosophy; history of philosophy; historiography of ancient philosophy; mythology; religion; science; Ancient Greece; genesis of philosophy.

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Medvedev Vjacheslav

Department of Philosophy, Ural Federal University, Ekaterinburg, E-mail: MVAmet@ya.ru

Publications in yearbook
The Concept of Man in the History of European Philosophy and Culture

The main trends of development of the concept of «man» in Western philosophy and culture (from Antiquity up to the present day) are discussed in the paper. The role of philosophy and concepts of man which are elaborated within its frame are examined in the context of the development of culture and society as well as of man’s consciousness, worldview and world perception. 

Keywords: man, personality, consciousness, concept, world view, levels of subject identity, anthropological turn.

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Parameters of Methodological Constituency of knowledge

The article considers the issue of the form, in which methodology appears in knowledge. First, it is argued that the methdology is part of knowledge irreducible to any discipline or sphere of study. Then, the peculiarities of the phenomenon of methodology are analyzed.

Keywords: methodology, conceptualization of foundations, knowledge, philosophy, science.

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Melnikov Kirill

Institute of Philosophy and Law, Ural Branch of the Russian Academy of Sciences, Ekaterinburg, E-mail: melnikovrezh@gmail.com

Publications in yearbook

Abstract. The concept of neopatrimonialism formed as a response to the non-obviousness of basic assumptions of the democratic transit paradigm has gained great popularity in analyzing the political development of African, Latin American, Southeast Asian, and post-Soviet states. However, the explosive growth of research based on these concept starts to cause concerns of its blurring and loss of heuristic potential. One of the most important problem is correlation between neopatrimonialism concept and the category of political regimes. This problem has two principal aspects. First, it is important to determine whether neopatrimonialism itself is a kind of political regime. A negative answer to this question implies the need to clarify what kind of political science category it represents. Second, it is important to clarify how neopatrimonialism relates to the existing typology of political regimes. Are authoritarian regimes the natural abode for neopatrimonialism, or neopatrimonialism could be found anywhere – from authoritarianism to democracy? The article consists of two parts, which correspond to the above-mentioned aspects. In the first part, the author analyzes the existing notions of neopatrimonialism as a political regime, political system, political order, and concludes that neopatrimonialism is a type of political domination formed by two Max Weber’s ideal types: rational-legal and patrimonial ones. In the second part of article, the author summarizes research approaches to the problem of neopatrimonialism in different types of political regimes. Taking into account Alexander Fisun’s concept of “neopatrimonial democracy”, and Thomas Carothers’s typology of “gray zone”, the author considers the idea of identifying authoritarianism and neopatrimonialism as irrelevant. Summarizing the debates on the correlation of neopatrimonialism and typology of political regimes, the author considers the idea of their strict conformity as counterproductive. Rather, neopatrimonialism concept provides another dimension for political systems, analyzing the degree of private appropriation of the public sphere and new forms of constructing the traditional type of dominance in modernity. In turn, these phenomena could be combined with both authoritarian and democratic practices.
Keywords: neopatrimonialism, patrimonialism, political regime, neo-patrimonial democracy, legitimate rule.

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Meshcheryagina Veronica

Ural State University of Economics, Yekaterinburg, Russia, E-mail: metsheryagina@yandex.ru

Publications in yearbook
Some Issues of the Implementation of Legislation of the Eurasian Economic Union in National Legislation of the Russian Federation in the Field of Economic Relations
The article proposes a legal mechanism for the implementation of the international norms of the Eurasian Economic Union (EAEU) into the domestic legislation of Russia by applying two main forms: transformation (including international norms in national legislation in amended form) and incorporation (exact textual reproduction of international norms in national legislation). The study has revealed that the regularity of the implementation of EAEU norms is different: transformation of EAEU norms is applied less frequently than incorporation. Typically, incorporation is applied when international norms establish general rules, within which states adapt obligations to their legal systems. After analyzing the existing law-enforcement practice, the authors come to the conclusion that the transformation of the EAEU norms in Russia is implemented in the form of subordinate normative legal acts – acts of the Government of the Russian Federation or orders of ministries and departments. However, transformation is different from ratification. Describing the mechanism for the implementation of the EAEU norms (which is similar to the reception procedure) into domestic legislation, the authors identified its legal uncertainty in Russia. The procedure for general reception in the Russian Federation is not fully defined, since the existing constitutional model for introducing international norms into the system of Russian legislation provides various options for implementation depending on the changing geopolitical and economic situation in Russia and its regions. In this regard, there is an “individualization” of the implementation procedures for each specific case in law-enforcement practice. It can vary greatly both in form and in mechanism. The highest courts of the Russian Federation have a decisive role in choosing the form of implementation today.
Keywords: Eurasian Economic Union; national legislation; EAEU; legal integration; implementation of international norms; ratification; international law
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Human Rights Potential of Deputies in the Russian Federation
This article analyzes the human rights competences of deputies of all levels of state authorities in the Russian Federation: federal parliamentarians (including senators), deputies of legislative (representative) authorities of subjects of the Russian Federation, and deputies of local representative bodies. The human rights competences of deputies are delimited from human rights powers of the Parliament. The article justifies the use of the term “competence” regarding the human rights activities of deputies. It introduces the division into individual and group human rights competences. The specifics of the human rights competences of deputies is noted, it is shown through the peculiarities of the methods to obtain and keep information about violations of rights and freedoms. The correlation between the method of electing deputies and their potential as human rights advocates is revealed. The following human rights competences of deputies are analyzed: initiating judicial proceedings (in the Constitutional Court of the Russian Federation and courts of general jurisdiction); sending deputy appeals (requests for information, deputy requests and demands to eliminate violations of the law, rights and freedoms of citizens); visiting bodies and organizations by a deputy. Conclusions are drawn about the incompleteness of the human rights competences of deputies, the imperfection of the legal mechanism for their implementation, the absence of many important human rights competences of deputies in the subjects of the Russian Federation and especially deputies of the municipal level. In this regard, some novelties are proposed: endowing federal parliamentarians with individual competence to appeal to the Constitutional Court of the Russian Federation and the similar but already group competence of deputies at the level of the subject of the Russian Federation; endowing all deputies with the right to appeal to the courts of general jurisdiction to protect the rights and freedoms of citizens and organizations; unification of the institution of deputy appeals, including specification regulating the institution of the deputy’s claim to eliminate violations of the law, subjective rights and freedoms; expansion of the number of organizations available for deputies to visit by involving entities that implement publicly significant functions.
Keywords: deputy, competence, human rights, deputy inquiry, judicial protection, parliament, control, human rights activities
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Digitalization of legal relations and its impact on implementation of particular constitutional rights of citizens in the Russian Federation

The natural emergence and widespread use of digital technologies inevitably leads to the processes of revolutionary changes in modern Russian society. In some research publications it is called the digital revolution. Digitalization of modern social relations consistently forms a new social, economic, political, and legal reality. The digital transformation of social relations is manifested, first of all, in the use of modern digital technologies in various spheres of human activity. In the context of digitalization, the content of the system of Russian law is transformed under the influence of the newly discovered and rapidly developing opportunities of modern digital technologies, which is reflected in the emergence of new legal structures, institutions, legal phenomena related to the subjects and objects of legal regulation, specifics of legal relations in digital reality, understanding of the concept, and content of individual rights, etc. The system of legislation as a constant external form (shell) of law also undergoes significant transformations and changes, while it is obvious that in the new digital reality human rights system continues to be based on the universal human rights guaranteed by the Constitution and international legal acts; their recognition and protection is the responsibility of the state and its authorized bodies. The article is devoted to study of certain constitutional rights of citizens of the Russian Federation (right to privacy, personal and family secrets, protection of their honor, and good name (part 1 of article 23 of the Constitution); right to elect and be elected to bodies of state power and bodies of local self-government, and to participate in the referendum (part 2 of article 32 of the Constitution); right to appeal (article 33 of the Constitution); right to education (article 43 of the Constitution of the Russian Federation) as the most vulnerable of digitization. In the course of study, special attention is paid to the existing problems of restriction of constitutional rights of citizens in the telecommunications network “Internet” in the system of current legislation and law enforcement practice. The authors propose some promising areas for improving the legal regulation of the digitalization of the constitutional rights of citizens of the Russian Federation.

Keywords: digitalization of constitutional rights; digital rights; constitutional law; Internet; protection of constitutional rights.

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Mikhaleva Albina

Perm Division, Institute of Philosophy and Law, Ural Branch of Russian Academy of Sciences. Perm, E-mail: mialba@mail.ru

Publications in yearbook
The German Islam Conference: New Ways for Solving Old Problems

The paper examines the phenomenon of The German Islam Conference – the new form of the dialogue with Muslims at the state level, and analyzes the reasons of its origin, conditions of initiation, tasks, practical results and public resonance. In spite of the limited final decisions, the Conference contributed to the appreciable polarization of public opinion concerning the basic values of Leitkultur and the integration policy of the German leadership.

Keywords: Islam, Islam Conference, muslim-state relations, integration policy, integration, religious identity.


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Miroshnikov Yuri

Educational Department of Philosophy, Institute of Philosophy and Law, Ural Branch of Russian Academy of Sciences, Ekaterinburg, E-mail: miroshnikov1941@mail.ru

Publications in yearbook
"Much was Remembered, Much was Learnt and Much was Thought of ...". Vonsovskii S.V. Magnetism of Science. Memoirs. Part 2. Ekaterinburg: UB RAS, 2010. 356 p.

The book considers the life journey of Academician S.V. Vonsovskii. His starting point was Tashkent where he have got school mates. Then, studies in Leningrad where the prospective Academician got his status as a scientist, and, finally, Sverdlovsk where Vonsovskii became the founder of Ural academic school of theoretical physics.

Keywords: academician S.V. Vonsovskii, memoirs, family records, latters, recollections of teachers, colleagues, students, relatives, school and personal friends, scientific achievements, problems in private life, perception of Soviet cultural events.


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"HEART RIOT" IN THE AGE OF REASON (dedicated to 300th Anniversary of Jean-Jacques Rousseau)

In the article, an attempt has been made to reveal Rousseau’s views on the role of feelings (emotions) in human mentality and in spiritual activity. The author shows that according to Rousseau there is qualitative difference between perception and emotions (feelings). Rousseau considers emotional sphere “(heart)” to be the centre of human personality. The priority of emotion in human perception is crucially significant not only for moral behavior, but also for artistic, religious, political, legal and even scientific and cognitive activity. Thus, Rousseau severely criticizes rationalism of XVII–XVIII century philosophy and asserts the principle of emotivism in the form of sentimentalism. 

Keywords: reason and emotion, objective and valuable features of being, rationalism and emotivism, priority of emotional and evaluative elements in cognition and self-knowledge, sentimentalism as form of emotivism.

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Value Aspects of Scientific Cognition and Knowledge

The paper demonstrates that the value aspects of science are the subject matter of epistemology, which is currently understood as philosophy of scientific consciousness. The value aspects of science are considered in terms of different structural aspects of science as social and cultural phenomenon, in general, and as activity, in particular. Activity is considered as main principle of understanding of scientific cognition. Firstly, the paper investigates the value aspects of science stemming from its subject. Then, the value aspects of motivation, organization and behavior strategies in scientific activity are analyzed. The author shows that the value content of science is generally reflected in hierarchical structure of scientific activity as the aspect of relations of theoretical and empirical levels of cognition. Such subjects of scientific cognition as theoreticians and practitioners are considered. The attention is drawn to the correlation between fundamental and applied knowledge, to how it has evolved throughout the history of science.  The author examines the value aspects of scientific knowledge and proves that trueness is the fundamental value of science.

Keywords: value aspects of science, axiology of science, value aspects of subject matter of science, value aspects of motivation, organization and behavior strategies of scientific activity, value aspects of scientific knowledge, trueness as fundamental value of science.


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Scientific Literature as Subject of Philosophy of Science

The author enlarges the field of philosophy of science by analyzing scientific text as the most important result of scientific work. The article contains philosophical, philological and linguistic analysis of some elements of science literature such as genre, style, author and reader.

Keywords: scientific literature, genres of scientific literature, style of scientific text.


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The article deals with Tolstoy’s basic philosophy of life. He created not only artistic but also philosophical and religions works which influenced the world spiritual culture. The aim of this study is to show the integrity (completeness) and unity (harmony) of Tolstoy’s philosophy of life, his romantic tendencies in combination with critics of civilization and culture of his time.

Keywords: elements of romantic philosophy of life: mystic pantheism, rational & emotional unity of cognition, artistic, religious-philosophical characterization of three types of personality: “natural”, “civilized” and “modified” (“transformed”); study of the possibility to change “civilized” “human being” info genuine (“converted”) personality.



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Specificity of the Medical Cognition and Problems of its Object's Integrity

The medical cognition is considered in the article as combination of natural-scientific, humanitarian and technological elements. The author argues that basic problem of medical knowledge is the absence of unified scientific theory of human being, which could explain health and malady in the framework of integral approach toward human being as the subject of culture.

Keywords: natural-scientific, humanitarian, technological elements of medical cognition, fundamental and applied aspects of medical knowledge about human being's health, norms and maladies, problem of integral scientific human being's pattern in the area of medical knowledge.

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A. Einstein and N. Bohr: Two Romantics in Search for the Lost Unity of Physical Knowledge

 Establishment of non-classical science is studied through the lens of conflict between the principles of quantum mechanics found in the works of A. Einstein and N. Bohr. An attempt is made to bring closer their ideologies formed in opposition to positivism and romanticism.
Keywords: classical science and non-classical science, quantum mechanics, principles of causality and complementarity, objectivity of physical knowledge, positivism and romanticism in science, the problem of relationship between science and philosophy.

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Mitskaya Elena

Department of Criminal Law and Criminology, South Kazakhstan State University named after M. Auezov. Shymkent, Republic of Kazakhstan, E-mail: elenamits@inbox.ru

Publications in yearbook

The article is devoted to the analysis of the legal regulation of mediation in criminal cases in Kazakhstan. Kazakhstan began to shift towards the use of alternative methods of criminal law conflicts in connection with the humanization of criminal policy. It was not so long ago. Since 2011, Kazakhstan has legislatively secured the possibility of using alternative methods for resolving conflicts in various spheres (family, civil, labor and other legal relationships). The consolidation of mediation in the legislation of the Republic of Kazakhstan occurred solely on the basis of studying the experience of other states. The nature of mediation was taken into account, and, first of all, its voluntariness, the independence in choosing the option of resolving a legal conflict. It is by virtue of this that the application of mediation became possible not only in civil-law conflicts, but also in criminal ones. While Kazakhstan’s practice of applying mediation into criminal cases has been developing relatively recently, it requires its improvement on a number of issues – training of mediators, procedural regulation, payment for mediator services, and others. Mediation entered the criminal procedural practice of application rather more ideologically with shortcomings of its clear procedural regulation. The number of civil cases considered by Kazakh courts using mediation significantly exceeds the number of criminal cases since 2011, when mediation was introduced. This fact attracts special attention and testifies the unpopularity of mediation as a mean of resolving criminal legal conflict among citizens. Under the new acting Criminal Code of the Republic of Kazakhstan, mediation has become one of the grounds for exemption from criminal liability. Based on the analysis of the current Kazakhstan’s legislation regulating the use of mediation in criminal cases, the shortcomings of this legislation have been identified, proposals for its improvement have been formulated, which can strengthen the protection of the rights of the victim, and expand the use of criminal mediation.
Keywords: alternative methods of conflict resolution; mediation; criminal legal conflict; criminal procedure legislation; criminal procedure; protection of rights of parties to mediation; criminal mediation; restorative justice.

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Mochalov Artur

Ural State Law University (Yekaterinburg), candidate of legal science, E-mail: artur.mochalov@usla.ru

Publications in yearbook
The Right to Access the Internet: Its Legal Content and the Mechanism of Implementation
The article presents the authors' position on the right to access the Internet. According to the authors, this right can be considered as a human right. Nevertheless, this right is not fundamental; it can be derived from internationally recognized human rights and freedoms. Proving this thesis, the authors analyze the legal content of the right as well as the legal mechanism of its enjoyment by individuals. The authors come to the conclusion that all legal possibilities covered by the right to access the Internet are guaranteed by the existing fundamental rights. According to the authors, the right to access the Internet has a multi-component legal mechanism of enjoyment involving the elements of mechanisms provided by other human rights and freedoms. In this regard, the system of guarantees of this right includes both negative guarantees (aimed at ensuring personal freedom, autonomy of individuals and non-interference in their private life), and positive ones (requiring the states’ active actions to create conditions for providing equal opportunities for getting access to the global computer network without discrimination and at a reasonable price). The authors argue that exercising the right to access the Internet by individuals lead to the result that does not repeat the results of enjoyment of other rights and freedoms. This result is not a mere expansion of the tools for searching, receiving and disseminating information. It consists in involving an individual to the global information society, which opens up wide opportunities for enjoying many other rights and freedoms, at a qualitatively new level. The article also provides an analysis of the main international documents in the field of providing access to the Internet and regulating this issue at the national level. Based on a comparative legal study of the regulation of Internet access in various countries, the authors come to the conclusion that at present it is impossible to formulate a uniform approach to determining the content of the right and the mechanisms for its enjoyment, which would be sufficiently universal and would be satisfactory from the point of view of both international law and national legal systems. In this, the authors of the article see the need for further doctrinal development of the right to access the Internet and elaboration of international standards in this field.
Keywords: Internet, access to the Internet, the right to access the Internet, human rights, subjective rights, the global information society, the right to information, freedom of expression, human rights guarantees
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Abstract. The article discussed problematic issues concerning reflection on the ethnic factor in organization of territorial structure of a state. The author analyzes modern approaches of understanding ethnicity, ethnic groups, and their collective rights in constitutional law. In addition, the interrelation between ethnicity and territory is discussed. However, being an advocate of the constructivist paradigm, and considering ethnicity as a result of individual choice, the author recognizes possibility of using the term “ethnic group” as an analytical category in studying political processes relating to territorial structure of states.
It is argued that ethnic federalism and national-territorial autonomy is the result of global tendencies, which have started since emergence of nation-states, rather than a creature of so-called “Soviet” conception of the “national question”. The author states that the European logic of nationalism was transferred into ethnic minorities. Consequently, many minority groups are considered as “home nations”, or “internal nations”. Territorial autonomy of regions inhabited by “home nations” repeats the main features of nationstate, and represents its “light” version. From the author’s view, ethnic federalism and national-territorial autonomy arose in the states with internal ethno-nationalism where regional ethnic elites had strong positions. Reflection of “ethnic factor” in territorial structure of a state is often a compelled compromise between ethnic elites and the government. In those states where there is no internal ethno-nationalism or where the governments have sufficient resources for its elimination (by assimilation, for example) the model of “mono-national” state is usually applied. This model rejects any special status for territorially concentrated ethnic communities or ‘ethnic’ regions. However, today the rise of ethno-nationalism can occur even in 'mono-national' states.

Keywords: ethnicity; ethnic group; state territory; nation; territorial structure of state; multinational state; ethnic-territorial fractionalization; federalism; territorial autonomy; national minorities.

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Mohnhaupt Heinz

Max Planck Institute for European Legal History, Frankfurt am Mein (Germany), E-mail: mohnhaupt@rg.mpg.de

Publications in yearbook

Abstract: The article analyses the role of different scientific conceptions in creating clearly philosophical stance of Eduard Gans’ viewpoint on the jurisprudence. The author concludes that several lines cross Gans’ works – Montesquieu, Savigny, Tibaut, Feuerbach, and particularly Hegel. The article contains detailed text analysis of Hegel’s “Philosophy of Law” and “Lectures on Philosophy of History” as the guidelines for Gans. Gans’ conception of the universal history of law and comparative method is in the sharp conflict with Savigny’s Historical School. The author underlines that the problem of philosophically proved comparative history of jurisprudence becomes the outstanding example of Gans and Savigny’s controversy, as well as of polemics between Philosophical and Historical School. The article shows that in Gans’ multi-volume work “The Law of Inheritance in a World-History Perspective”, universal history of law is applied to the law of inharitance “passes” through Spirit of Peoples; the role of the Roman law is seen as a key moment of the temporal process of the history of law, as well as the material for Gans’ disclosing his core idea. The other remarkable reason of two schools’ controversy is the difference in perception of the jurisprudence. Taking into account the diffuseness of Gans’ conclusions on the law of inharitance in concrete countries, the author states that the goal of the global “totality” was not achieved by Gans in his work because it was beyond the opportunities of the particular researcher.

Keywords: Gans, Savigny, universal history of law, Historical School of Jurisprudence, jurisprudence, comparativism.

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Moiseenko Yan

Institute of Social-Political Sciences, Ural Federal University named after B.N. Eltsin, Ekaterinburg, E-mail: yan.moisseenko@mail.ru

Publications in yearbook
Contemporary Political Theory/Philosophy in the Mirror of Matthew J. Moore Research

The article isdevoted to critical analysis of the results of research of the status of contemporary American political theory/philosophy, conducted by Matthew J. Moore. The results of the research were presented at the APSA Symposium in 2009.The importance of the research carried out by M. J. Moore, as well as the importance of its goal - defining the place of political theory in political sciences, obtaining information about the level of influence of particular political philosophers on the minds of American political theorists and on the participation of respondents in the activities of public and scientific associations is underlined.Moore’s commitment to quantitative approach in analyzing scientific outlook of political theorists, as well as subjective method used in rankings contemporary and future political theorists of our time and the near future, is criticized. The authors express their appreciation of a number of critical comments made by Moore’s reviewers during the discussion. At the same time, the research done by Moore, to authors’ opinion, may encourage similar studies in other national communities of political sciences, including Russian political philosophers.

 Keywords: political theory, political philosophy, political theorists, American political science, American Political Science Association, positivism, qualitative methods, qualitative methods.




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Moshkin Sergei

Institute of Philosophy and Law, Ural Branch of Russian Academy of Sciences, Ekaterinburg, E-mail: osa-sv@yandex.ru

Publications in yearbook
Transcarpathia – the Post-war Acquisition of Stalin

The article deals with the circumstances of the accession of the Transcapathian Ukraine to the Soviet Union. The author shows how the area that had never belonged to the Russian Empire or to the Soviet Union became part of the Soviet Union with the knowledge and consent of the Administration of Czechoslovakia in 1945. In the authors’ opinion, the enhanced prestige of the Soviet Union as the victorious country that defeated the German fascism, the presence of the Red Army in Transcarpathia and the activity of the local communists supported by the Soviet military command played a decisive role in the growth of the pro-Soviet sentiment among the residents of Transcarpathia. Soviet Administration managed took advantage of all these factors in its policy of expanding post-war borders. 

Keyword: Munich Agreements of 1938, foreign policy of the USSR, Soviet and Czechoslovak relations, the Transcarpathian Ukraine, post-war borders in Eastern Europe.

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Mosienko Mikhail

Siberian Federal University, Krasnoyarsk, Russia, E-mail: mmk1100@mail.ru

Publications in yearbook
Memory Wars and the Problem of Socio-Epistemological Relativism
The relevance of research on memory wars is indirectly reaffirmed by a growing number of scientific works on this phenomenon, while the direct proof of its significance is the fact that nowadays memory wars are evolving in a radically different context compared to those taken place in the past. Today they occur against the background of socio-epistemological relativism and post-truth and therefore acquire new qualities requiring theoretical understanding. The aim of this article is to analyze the transformations of conflictogenic public discourse in relation to the social past under the influence of socio-epistemological relativism. As this research encompasses both the interconnection between the social past and the social present and the sphere of social epistemology, the methods chosen are, on the one hand, more or less theoretically neutral phenomenological method, and, on the other hand, structural and conceptual analysis – the latter two being appropriate for the study of epistemological concepts. Based on the results obtained, the authors come to the following conclusions. Memory wars, understood from the constructivist standpoint (especially within the framework of socio-epistemological relativism), do not have any necessary connection with the historical process. They are linked only associatively. Such wars exist in the scope of an epistemologically abnormal discourse: it lacks the institute of expertise and its narratives are self-referential. Memory wars are based on the opposition between information and noninformation. Any opponent’s narrative is tagged as noninformation, it is going not to be refuted, but just not to be considered. Hence, the aim of memory wars is not to justify the truth of the narrative but to monopolize the role of the narrator. Modern memory wars differ from similar wars of past eras in that they do not create integral narratives, but remain fluid and inconsistent, because finality and consistency are not their aims: they perceive memory of the past as purely instrumental for accomplishing practical goals of today.
Keywords: memory war, post-truth, historical narrative, abnormal discourse, constructivism, socio-epistemological relativism
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Murtazin Salawat

Kazan State University, Kazan, Russia, E-mail: murtazin.salawat2013@yandex.ru

Publications in yearbook
The Problem of Other Minds: “Threat of Skepticism” and Possible Ways to Overcome it (on the Example of Simon Glendinning and Frederic Olafson’s Concepts)
This article is dedicated to one of current problems in modern philosophy: the problem of other minds. It turns out to be characteristic of the “analytical” and “continental” traditions in philosophy. We believe that this problem has not only an epistemological or ontological aspect, but also an ethical one, and the results of its development should not be ignored when solving the problem of searching for ethical foundations. To confirm this assumption, we have done the following: First, we consider the very essence of the problem of other minds in Alec Hyslop and Simon Glendinning's approaches to its formulation. This problem is based on the asymmetry between the perception of our mental states and the perception of the mental states of others. Second, we have briefly discussed one of the best-known approaches in solving this problem, namely, argument by analogy. According to this theory, we base our judgments on the feelings and experiences of others on the analogy with our own feelings and experiences, and their manifestation in our behavior. We also consider possible critical approaches of this theory. Third, we run into extremely serious difficulty in solving the problem of other minds, namely the “threat of skepticism”. We encounter an extremely serious difficulty in solving the problem of another consciousness, namely, the “threat of skepticism”. It consists in the fact that we do not have a reliable means to justify satisfactorily the existence of something that supports the “external” acts of human behavior, such as feelings of pain. We have considered two approaches that, in fact, do not refute the skepticism arguments, but avoid the very appearance of their threat. These are Simon Glendinning’s concepts of “reframing of skepticism” and “reading-response”, as well as the idea of the need to recognize the reality of the other by the possibility of knowing the reality that surrounds us, presented by Frederick Olafson. These approaches in order to overcome the “threat of skepticism”, suggest a rejection of the traditional purely epistemological approach to solve the problem of other minds, which was characterized by an emphasis on the problematic relationship between our knowledge of the other's mental states and reality of its existence. The fight against the “threat of skepticism”, as well as the contradictions that such skepticism generates, in fact, lead us to the need to study the ethical aspect of being with others, which cannot be considered without epistemological and ontological aspects.
Keywords: other; consciousness; being with others; skepticism; epistemology; analogy; reframing of skepticism; criteria; deconstruction; ethics
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